Dola Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.32649 of 2021 Dola Behera ....

Petitioner(s) Mr.Ramakanta Panda, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr.R.P.Mohapatra, AGA.

CORAM:

JUSTICE BISWANATH RATH

ORDER

03.01.2022 1.

1.

Heard learned counsel appearing for the parties. Order No.

2.

This writ petition involves the following prayer: "Under the above facts and circumstances this Hon'ble Court may graciously be pleased to issue Writ of Mandamus by directing the Opposite Parties more particularly the Opposite party no.4 to settle the land in favour of the petitioner under the land less scheme as the petitioner is a land less person and residing over Khata No.778, Plot Nop.43 (Part) measuring an area of Ac.0.014 decimal in Mouza "Patrapada" for the interest of justice. And further be pleased to direct the Opposite Parties more particularly the opposite party no.4 to consider the representation dt. 28.09.2021 and not to disturb/ threaten the petitioner from her peace full possession over the said suit land as it is the only dwelling house of the petitioner and his family members for the interest of justice.

And further be pleased to issue any other Writ(s),or pass any order (s) as this Hon'ble Court may deem just and proper in the eye of law.

And for this act of your kindness the petitioner shall as in duty bound remain eve r pray."

3.

Looking to the limited request involved herein and as this Court finds the representation of the petitioner vide Annexure-3 on the self same issue is pending before the Estate Officer, Bhubaneswar-opposite

// 2 // party no.4 , the writ petition is not entertainable at this stage. However, this Court disposes of the writ petition with a direction to the Estate Officer, Bhubaneswar-opposite party no.4 to look into the grievance of the petitioner through Annexure-3 and take decision, as appropriate, in accordance with law within a period of six weeks from the date of communication of certified copy of this order by the petitioner. (Biswanath Rath) Judge Sks